Two of the five men facing trial in the now famous Charitha drugs case were released on bail by the Court of Appeal on Thursday morning after Justice of Appeal Satyabhooshun Domah read out the majority judgment of the five-member panel.
Bitter-sweet emotions hung thick in the air as the men walked out of the court room into the arms of their families, all deeply conscious of the fact that not only had they just witnessed legal history, but also that the solidarity of the five co-accused after over 19 months of pre-trial detention could be put to its toughest test.
One of the two who were released was the owner of the fishing boat who has been charged with counts of aiding and abetting as well as conspiracy. He has been released on bail against a sum of SCR100,000 subject to several conditions. The second man, charged only with illegal possession of firearms, was released on a SCR 50,000 bail, also with conditions. The Court of Appeal regretted that he had already spent longer in detention than he would have had he been convicted of the offence and sentenced to the maximum sentence of 12 month’s imprisonment for the charge.
The other three men, all part of the fishing crew, face more serious charges of drugs smuggling. However, noting the long period of detention since their arrest on 7 December 2012, the Court of Appeal said they would be detained until the trial date which is set for the third week of September.
Justice Domah said nonetheless that they would be released if “the September trial fails to take off through no fault of their own”.
In its majority judgment, the Court of Appeal upheld the constitutional right to bail and said it would make sure this right was not taken away by recent amendments to the law. He noted that the application for bail made in the trial court and denied by the trial judge was “not an incident of a criminal trial” but “an independent action grounded in the Constitution” and therefore was open to appeal in the higher court.
Appeal Court Justice Anthony Fernando had written a long dissenting judgment in which he argued the appellate court could not hear this appeal because the appellants had not been “convicted” in the court below.
The Charitha case has been making jurisprudence since the vessel was seized and its crew arrested in what was hailed as one of the National Drugs Enforcement Agency’s (NDEA) biggest hauls in early December 2012. The vessel at the time was travelling just off Providence Island on its way back to Mahé from neighbouring Madagascar.
The NDEA described the bust then as “a step in its strategy of targeting the major players in the drug business known locally as ‘Gro Pwason’ (Big Fish).”
The seven-man crew, including the skipper, was taken into custody upon arrival in Port Victoria and first appeared in court on 11 December 2012. Charged with illegal fishing, possession of firearms and drugs smuggling and several other charges, the seven men have been detained since. They were subsequently joined by the owner of the fishing vessel who was not in the country at the time. Charges have since been dropped against the skipper.
Source: Today
